My father gave a guarantee to his Friend for a Loan of RS 50 lacs in the yr…

My father gave a guarantee to his Friend for a Loan of RS 50 lacs in the yr 2002 who defaulted the payment which is now 1 crore along with interest. He took this loan against the mortgaged of 3 Flats situated at malad. He submitted to the bank the sale agreement along with the NOC from builder and also the letter from the builder that the builder would not assign or create a third party interest in the same flats. Now the friend of my father has defaulted the Loan amount and a suit has been instituted against him in Sept 2009 and also the guarantors. But the copy of it is only served on the principal borrower and not on the Guarantors. My father came to know about this from his friend. Also my father friend informed the bank that they can attach that 3 flats which is been mortgaged and recover their amount but we came to know that the 3 flats were sold by the builder to the 3 rd party when the title deeds as well as the lock and key were with the bank. Even he has given the indemnity to the bank that he will register the flats as and when required by the bank but he has not registered it. My father who was a salaried and now retired came to know from his friend that bank has ask an interim relief for the flat of my father as well as flat of the borrower’s Father who is the First guarantor even this is not service on my father. My main contention to ask u is that my father does not have any property in his name only 50% ownership of the above flat and other 50 % in my mother name. Also that 50% he has gifted to my mother on May 2008 and it is notarized but not registered. He registered the same by a deed of confirmation after the suit has been instituted but not been served on him. Now the Flats stands in my mother’s name, is then can the bank proceed with the interim relief and attach the flat which is in the name of my mother. Also show me the remedy against the bank, principal borrower as well as builder when the loan was already secured by the mortgaged property how can they proceeed with the other things, Infact bank has scrutinized all the documents and given the loan and why are they not attaching that 3 flats mortgaged and recovering their money.

4 thoughts on “My father gave a guarantee to his Friend for a Loan of RS 50 lacs in the yr…

  1. First of all bank will approach the borrower and also send u notice. Coz ur father is guaranter so his sarlary and retiral benifits may also be attached by the bank to recover the money and it is discrition of the bank that if the main borrower made any default in payment then they can recover the same from your father what ever he has given in guarantee or upto what extend ur father made the guarntee of loan. So ur mother property is safe if gift deed is registered else it could be pledge by bank.

    India lawyers
    M: +919814110005 kothi no.199, Sector-11-A, Chandigarh-160011
    Chandigarh, 160011

  2. Your father’s liability cannot be effaced. He has to pay off the loan notwithstanding his subsequent transfer of the flats in your mother’s name. Better consult a local lawyer and take necessary steps as to how best to save the flats from being sold at the instance of the Bank.

    J. Radhakrishnan
    independent Practice
    Priya Mahaall, New 27, Old 12/3, Deivasigamani Street
    Chennai, NUS 600014

  3. Please send copies of all documents and letters recd. from Bank by email to
    giv eyou correct advice.

    Pravin Vaidya
    116, Vagheshwari Society,Kareli Baug,
    Vadodara, NUS 390018

Comments are closed.